Terms of use for Copyright Shield?

When is Copyright Shield effective? And when will the terms of use with OpenAI be updated to reflect this?

I guess when (and if) openAI decides to update its terms of service

currently there is still the usual indemnity and liability clause. It takes effect when they update that.

I wouldn’t hold my breath lol

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To piggyback, this shield is most likely coming from Microsoft so I’d expect the terms to be very similar

A key note:

If you are writing material and bypassing guardrails you are not protected.

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Apparently the answer is January 31st 2024 and these are the terms of service that relate

You always look for the fine print…

OpenAI’s indemnification obligations to API customers under the Agreement include any third party claim that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by OpenAI, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of OpenAI, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.

or

This excludes claims to the extent arising from: (a) combination of any Services with products, services, or software not provided by us or on our behalf, (b) fine-tuning, customization, or modification of the Services by any party other than us, (c) the Input or any training data you provide to us, (d) your failure to comply with this Agreement or laws, regulations, or industry standards applicable to you, or (e) Customer Applications (if the claim would not have arisen but for your Customer Application)

The scrutinized reading: You created “input” = you are excluded. You created input, you created customer applications: OpenAI is held harmless, including attorney fees.

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Thanks for your thoughts Jay! My use case isn’t something with customer applications so I can’t comment on that (I actually think you might be right based on how “Output” is defined in their legal documents)

I do find your discussion around Input interesting. So on the second paragraph “This excludes claims to the extent arising from… the Input”… I read that to say that if a third party has a claim that predominately is around the input… OpenAI isnt going to get involved. For example, let’s pretend that I used a trademarked Taylor Swift catchphrase (possible examples here) as part of my input… I generated some output… and taylor swift sued me for infringement on the output generated.

My take is that scenario has a problem with the “input” (my use of Taylor swifts trademarked catchphrase) as opposed to what was actually generated. So OpenAI would not get involved in that case.

BUT - if i used the API and my input was “Write a story about a girl that made it big in the music industry” and then was sued by taylor swift… then I would be covered.

Thoughts?

(iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of OpenAI,

I don’t see how you would be covered unless you sold the direct raw API output to someone who posted it as-is to twitter and then that guy got sued by tailor swift, and sues you in turn.

Then you have to prove that the output was indeed raw.


This is kind of funny. ChatGPT apparently is hardcoded to NOT summarize its OpenAI’s business terms :slight_smile:

Did anyone find any updates on Copyright Shield terms?